Jesse Gabriel
- Democratic
- Assemblymember
- District 46
Author
Existing law defines the crime of burglary as entering specified buildings, places, or vehicles with the intent to commit grand or petty theft or a felony. Existing law clarifies that a structure designed for habitation is being used for dwelling purposes if, at the time of the burglary, it was not occupied solely because a disaster caused the occupants to leave the premises. This bill would specify that neither the fact that the structure entered has been damaged by a natural or other disaster, nor the extent of the damage, shall preclude conviction. Existing law defines looting as the commission of certain offenses during and within an affected county in a state of emergency or local emergency, as specified. Existing law includes any 2nd-degree burglary or grand theft in the definition of looting, and makes looting based on those offenses punishable by either imprisonment in a county jail for one year or as a felony. Existing law also makes the crime of looting based on petty theft punishable as a misdemeanor. Existing regulations define an "evacuation area" as a geographic area from which civilians have been evacuated pursuant to an evacuation order and where movement and entry are controlled by fire and law enforcement personnel having jurisdictional authority. Existing regulations define an "evacuation warning" as alerting community members in a defined area of a potential threat to life or property. This bill would recast the offense of looting to include first degree burglary, 2nd degree burglary, grand theft, trespass, and theft from a vehicle, when those offenses are committed in an evacuation zone, to the crime of looting. The bill would also, for the purposes of the offense of looting, define an evacuation zone to include an evacuation area or an area subject to an evacuation warning, and to include any residential dwelling units in such an area for a period of one year after the evacuation order, or up to 3 years if the property is undergoing construction. The bill would impose increased penalties for these offenses committed within an evacuation zone, as specified. By increasing the punishment of specified crimes, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. This bill would make the operation of its provisions contingent upon the enactment of Senate Bill 571 of the 2025–26 Regular Session.
Approved by the Governor.
Chaptered by Secretary of State - Chapter 533, Statutes of 2025.
Enrolled and presented to the Governor at 3 p.m.
Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 72. Noes 0. Page 3376.).
In Assembly. Concurrence in Senate amendments pending.
Read third time. Passed. Ordered to the Assembly. (Ayes 38. Noes 0. Page 2925.).
Read second time. Ordered to third reading.
Withdrawn from committee.
Ordered to second reading.
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on RLS.
Senate Rule 29.3(b) suspended. (Ayes 28. Noes 10. Page 2491.)
From committee: Do pass and re-refer to Com. on RLS. (Ayes 7. Noes 0.) (August 29). Re-referred to Com. on RLS.
Read second time and amended. Re-referred to Com. on APPR.
From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 6. Noes 0.) (July 15).
In committee: Hearing postponed by committee.
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on PUB. S.
In Senate. Read first time. To Com. on RLS. for assignment.
Read third time. Passed. Ordered to the Senate. (Ayes 72. Noes 0. Page 1989.)
Read second time. Ordered to third reading.
From committee: Do pass. (Ayes 14. Noes 0.) (May 23).
In committee: Set, first hearing. Referred to suspense file.
Read second time and amended.
From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 8. Noes 0.) (April 8).
From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.
From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.
From printer. May be heard in committee March 9.
Read first time. To print.
| Bill Text Versions | Format |
|---|---|
| AB468 | HTML |
| 02/06/25 - Introduced | |
| 03/24/25 - Amended Assembly | |
| 04/02/25 - Amended Assembly | |
| 04/10/25 - Amended Assembly | |
| 06/26/25 - Amended Senate | |
| 07/16/25 - Amended Senate | |
| 09/06/25 - Amended Senate | |
| 09/16/25 - Enrolled | |
| 10/10/25 - Chaptered |
| Document | Format |
|---|---|
| 04/07/25- Assembly Public Safety | |
| 04/21/25- Assembly Appropriations | |
| 05/28/25- ASSEMBLY FLOOR ANALYSIS | |
| 07/14/25- Senate Public Safety | |
| 08/15/25- Senate Appropriations | |
| 09/09/25- Sen. Floor Analyses | |
| 09/12/25- ASSEMBLY FLOOR ANALYSIS |
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